Terms Of Use

Consumer Use Product Copyright Statement

These printable(s) or digital file(s) you have received were created by Karen Finch, FINCH FAMILY GAMES. Copyright 2009

LICENSE AGREEMENT/USAGE TERMS:

The graphic files contained in your e-file are the product of FINCH FAMILY GAMES. They are protected by United States copyright law. Purchaser or user may use, copy and modify these files according to the household consumer license usage terms portion* of this agreement and are not to be used for commercial gain. These files are licensed to the *purchaser's computers only and are not to be shared, loaned, rented, resold, distributed, transferred, or posted across a bulletin board, network, modem, Internet or web page. Do not make copies of these files on any electronic or physical medium (including CDs, diskettes, or other storage medium) for reasons other than back-up purposes.

*Household Consumer License Usage Terms: Consumer product may be used by individuals living in same household working on the licensee's desktop or laptop, provided the licensee is the owner of both computers and provided that the files are not used on both computers at the same time. Use on computers not owned by the licensee require separate purchases.

Examples:

Your daughter is working on your computer. She may use the files.

Your daughter has her own computer and wishes to use the files. Your daughter needs her own licenses for the use on her computer.

Your sister (who lives in a different household) wishes to make the same games. Your sister may not use your files. She must purchase her own licenses.

Licensee hereby acknowledges that Licensee is licensing the Software for non-commercial, personal use. Licensee hereby agrees to pay liquidated damages to Licensor in the amount of ,000.00 for any non-personal and/or commercial use. In addition, should Licensor incur any attorney fees or other costs in collecting and/or enforcing this liquidated damages provision, Licensee agrees to reimburse Licensor for all such fees and/or costs. The parties acknowledge that the liquidated damages set forth above are reasonable in amount, that actual damages would be extremely difficult or impractical to determine and that any dispute or potential dispute over actual damages would be disruptive to the businesses of the parties so that it is in both parties' best interest to have determined the amount of such reasonable liquidated damages.

"If you use this product in an unauthorized personal manner (such as unauthorized sharing with individuals or groups) you will be liable for liquidated damages of ,000 and all attorney's costs and fees as described above."

If you have any questions about this copyright statement or wish to personally contact the copyright holder, you may contact:

FINCH FAMILY GAMES
10821 North 5750 West
Highland, Utah
84003
801-763-9976
info@finchfamilygames.com

Examples of Proper Consumer Product Use:

Making as many copies as you need of each song, project or idea for your family, church calling, or classroom use.

Creating a GIFT to give to your niece/nephew for Christmas.

Creating designs which will be used to create a personal/family type website.

Creating handouts for a church lesson that you are teaching yourself.

Examples of Incorrect Consumer Product Use: (All of these situations require the purchase of additional product as they allow a shared use or profit-oriented/environment use)

Making copies of books, cd's, projects, clip art for family home evening groupsor ward and stake meetings without first contacting FINCH FAMILY GAMES for permission.

Sharing your games, activities, and clip art with anyone else not in accordance with the *household consumer license usage terms portion of this agreement.

Posting the project or file on the Internet.

Creating games or projects for the use of any group - even if it is a non-profit group such as a school or church. (Such as creating a church newsletter or bulletin board, designing a website banner for a church.)

Creating designs which will be used on a commercial website even if the designs themselves will not be sold.

Creating designs which will be used on an eBay template.

Creating games or projects which will be sold or profited from in any way.

Creating games or projects which will be used to create a personal/family type website in which commercial activities or freebie give-a-ways occur.

These examples are not to be considered exhaustive lists but are use illustrations of correct/incorrect usage.

Copyright FAQ

The designs and/or fonts contained in this package are licensed and protected by international copyright laws. These designs are copyrighted by FINCH FAMILY GAMES.

What Is Copyright?

Copyright gives exclusive legal rights of usage of an "original work of authorship" to the copyright holder. This protection is provided by the United States title 17, U.S. Code and other international laws. Anyone who violates copyright is subject to criminal penalties, fines, and the possible recovery of any loss of income or profit suffered by the copyright holder due to the infringement. An infringer is also potentially liable for attorneys fees and statutory damages.

What should I do if I am not sure how I want to use a game, activity, or clip art violates copyright?

Contact us at info@finchfamilygames.com.

If I manipulate an image using a computer program or other method, can I claim copyright to the changed image?

No. You cannot claim copyright to a copyrighted image even if you have derived or changed from the original material without permission.

How can I use FINCH FAMILY GAMES images and fonts I have purchased?

Only according to the terms of the licensing terms as outlined for consumer use and commercial use products.

Is it okay to copy a digital image and give it to my friend to use?

No. FINCH FAMILY GAMES images, fonts, projects, cd's and books are for the purchaser's personal use. Sharing your files can be a felony - depending upon how much you are doing it. It is against the law to share copyrighted material.

LIMITATION OF LIABILITY

Under no circumstances shall FINCH FAMILY GAMES be responsible for any damages or loss that result from the use of, or inability to use any of the products sold or distributed by FINCH FAMILY GAMES. The information contained on this site is provided "as is" without warranty of any kind.

FINCH FAMILY GAMES Trademarks

FINCH FAMILY GAMES is the property of FINCH FAMILY GAMES. All other names used herein are trademarks of their respective owners.

Downloadable Products Download Contract

END USER DOWNLOAD AGREEMENT

This FINCH FAMILY GAMES end user Agreement (the “Agreement”) becomes a binding contract between you and FINCH FAMILY GAMES when you download a FINCH FAMILY GAMES product.

FINCH FAMILY GAMES total liability, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the particular product sold under these terms with respect to which losses or damages are claimed. In no event will FINCH FAMILY GAMES be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental or consequential damages to the full extent such may be disclaimed by law. No action will be brought for any breach of these Terms more than one year after the accrual of such cause of action. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Buyer.

Because some of FINCH FAMILY GAMES products are downloadable, they cannot be returned. (It is impossible to upload them again!) However, if you have any problems with our products, we will happily work with you to resolve any issues that you are having so that you will get the value you perceived when you placed your order. In fact, we are delighted to help you until you are completely satisfied that you made a purchase with us!

By purchasing FINCH FAMILY GAMES products, you agree that you understand that unless a product delivery has been identified as being delivered in a different way, your delivery will be accomplished through downloads. Furthermore, you agree that by purchasing FINCH FAMILY GAMES (not specifically identified as a non-downloadable product) to accept your delivery through these downloads.

Note: Please do not ask for a refund simply because you failed to read the warnings that have been posted throughout the FINCH FAMILY GAMES Store, including in the agreement that you had to accept prior to purchasing our products (which is in red bolded letters), about the fact that our products are downloadable. We have gone to great lengths to try to warn our consumers that these products are downloadable products.

However, if you did make this mistake, we are happy to help you understand how you can use our products as printables. They are awesome when used this way! Check out our Blogg for loads of ideas. And remember, we are happy to work with you to make you delighted that you purchased with us.